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Liability for Positive References

Churches can face liability for recommending former employees known for misconduct.

Liability for Positive References
Illinois
State:

Doe v. McLean County Unit District, 2014 WL 6607487 (Ill. App. 2014)

Two female second grade students (the "victims") were sexually abused by their teacher ("Randy") at a public elementary school. The teacher was arrested and prosecuted on several counts of aggravated criminal sexual abuse. The victims' parents (the "plaintiffs") sued the public school district where Randy had previously been employed, as well as a state education agency. The plaintiffs claimed that the former school district was legally responsible for Randy's abusive acts on the following grounds:

They willfully and wantonly and with deliberate indifference allowed Randy to be transferred to the school where he molested the victims without revealing knowledge of prior sexual abuse; and
They violated mandatory child abuse reporting requirements under state law.

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Posted:
  • December 21, 2015

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